NY S04813

Creates a new crime of "aggravated threat of mass harm in the second degree" (class A misdemeanor) when a threat of mass harm is made based on the victim group's race, color, national origin, ancestry, gender, gender identity or expression, religion, age, disability, or sexual orientation

Upgrades "aggravated threat of mass harm in the first degree" from a class A misdemeanor to a class E felony when the perpetrator makes an overt act in furtherance of the threat, such as making a plan, compiling a target list, or possessing weapons

Adds both new offenses to the list of "specified offenses" under New York's hate crime statute, along with aggravated harassment in the first degree

Authorizes courts to issue orders of protection requiring defendants charged with these offenses to stay away from the specific places or events that were subject to the mass harm threats

Requires that proof of the defendant's or victim's protected characteristics alone is not sufficient evidence to establish the bias motivation element of the second-degree offense